House File 422 - Introduced



                                       HOUSE FILE       
                                       BY  MASCHER

                                       (COMPANION TO SF 119)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act increasing punitive damages that may be awarded for
  2    wrongful retention of certain rental deposits.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1987HH 82
  5 av/je/5

PAG LIN



  1  1    Section 1.  Section 562A.12, subsection 7, Code 2007, is
  1  2 amended to read as follows:
  1  3    7.  The bad faith wrongful retention of a deposit by a
  1  4 landlord, or any portion of the rental deposit, in violation
  1  5 of this section shall subject the landlord to punitive damages
  1  6 not to exceed two equal to double the amount of the deposit or
  1  7 the portion of the deposit wrongfully retained or five hundred
  1  8 dollars, whichever is more, in addition to actual damages.
  1  9    Sec. 2.  Section 562B.13, subsection 8, Code 2007, is
  1 10 amended to read as follows:
  1 11    8.  The bad faith wrongful retention of a deposit by a
  1 12 landlord, or any portion of the rental deposit, in violation
  1 13 of this section shall subject the landlord to punitive damages
  1 14 not to exceed two equal to double the amount of the deposit or
  1 15 the portion of the deposit wrongfully retained or five hundred
  1 16 dollars, whichever is more, in addition to actual damages.
  1 17                           EXPLANATION
  1 18    This bill increases the amount of punitive damages that can
  1 19 be awarded when a landlord wrongfully retains a rental deposit
  1 20 or a portion of a rental deposit made to secure performance of
  1 21 a residential rental agreement under Code section 562A.12 or a
  1 22 mobile home space rental agreement under Code section 562B.13.
  1 23    The bill requires that a landlord who violates these
  1 24 provisions shall be subject to punitive damages equal to
  1 25 double the amount of the deposit or portion of the deposit
  1 26 that is wrongfully retained or $500, whichever is more, in
  1 27 addition to actual damages.
  1 28    Currently, a violation of these sections cannot subject a
  1 29 landlord to punitive damages in excess of $200.
  1 30 LSB 1987HH 82
  1 31 av:nh/je/5